SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Bom) 1499

MILIND N. JADHAV
Sahastraa Exports Pvt. Ltd – Appellant
Versus
Ap Moller - Maersk A/s – Respondent


Advocates appeared:
Simil Purohit, Advocate, Akshay Sawant, Advocate, Gauraj Shah, Advocate, Dimple Merchant, Advocate, Juhi Shah, Advocate, Manoj Khatri, Advocate, Arnab Ghosh, Advocate

JUDGMENT

Milind N. Jadhav, J. - Heard Interim application (L) No.14248 of 2022.

2. By the present Interim application, the applicant / Plaintiff has prayed for multiple reliefs which are at paragraph No. 28 of the application. an urgent application is made on the ground that the detained goods (hereinafter referred to as the "present cargo") are perishable and should be released as their value is deteriorating on a daily basis.

3. The Plaintiff has filed the present Suit for seeking a declaration that detention of the present cargo (ascorbic acid - Vitamin C - 20 MT) by Defendant No.2 is without authority of law; for release of the cargo or for maintenance of the cargo in the Defendant's possession until it is handed over to the Plaintiff without payment of detention or demurrages charges / ground rent and / or penalty. The Plaintiff also seeks damages of Rs.10,00,000/- suffered by the Plaintiff due to wrongful detention and also in the alternative seeks a money decree of Rs.1,23,89,909/- in the nature of damages suffered by the Plaintiff arising out of wrongful detention.

4. The reason for hearing the Interim application during the vacation arose because the cargo in question imported

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top